In the first appeal trial of former Chief Justice Yang Seung-tae, who was acquitted in the first trial in the so-called ‘abuse of judicial administrative power’ case, the prosecution and Yang’s defense engaged in a dispute.
The Criminal Division 14-1 of the Seoul High Court (Presiding Judges Park Hye-seon, Oh Young-sang, Lim Jong-hyo) held the first appeal hearing on the 11th for former Chief Justice Yang and former Justices Ko Young-han and Park Byung-dae, who were indicted on charges including abuse of authority and obstruction of the exercise of rights.
On this day, the prosecution argued, “The original trial judgment contains factual errors and legal misinterpretations.” They added, “The defendants specifically interfered with the trial process, infringing on the constitutional fundamental right to a prompt and fair trial,” and stated the reason for the appeal was that “although it is an abuse of judicial administrative power, the original trial misunderstood the legal principles regarding abuse of authority.”
In response, Yang’s defense counsel said, “It appears that the first trial court appropriately judged the legal principles regarding abuse of authority and conspiracy,” and “The prosecutor’s claims are insufficient to overturn the original judgment in the current state.”
They also said, “In the first trial, the prosecutor’s claims regarding the admissibility of evidence and the principle of indictment formality were largely accepted, while many of the defendant’s and defense counsel’s claims were rejected,” and requested, “Please review this part carefully and correct it.”
Former Justice Park’s defense counsel stated, “The appeal brief contains statements such as ‘the original trial blindly followed others to conduct a trial favorable to the defendant,’ ‘protecting their own members,’ ‘hurriedly saving our Chief Justice and Administrative Officer,’ ‘conducting the trial based on leniency and organizational selfishness,’ and ‘an attitude lacking even the minimum conscience as a judge,’ which in foreign countries could be punishable as contempt of court.”
Former Justice Ko’s defense counsel said, “The fundamental purpose of strengthening the judiciary’s status is the constitutional mission entrusted to the courts,” and “The prosecution distorted this and alleged that the defendants planned and intended to abuse authority, which is an unrealistic and arbitrary frame.”
Former Chief Justice Yang was arrested and indicted in February 2019 on charges of receiving reports on and approving or directly ordering unconstitutional plans from former Deputy Chief of the Supreme Court Administrative Office Lim Jong-heon and former Justices Park and Ko during his six-year term after taking office in September 2011.
The first trial acquitted Yang of all 47 criminal charges, including various trial interventions, creation of a blacklist of judges, checks on the Constitutional Court, and slush fund formation, in January after 4 years and 11 months, and the prosecution appealed.
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